Can we force employees to use vacation days as part of military leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can we force employees to use vacation days as part of military leave?

Q. We provide unpaid leave to employees who are called up to serve in the armed forces, in accordance with the terms and conditions the Uniformed Services Employment and Reemployment Rights Act (USERRA). May we require employees to concurrently exhaust any earned but unused vacation that they may have accumulated?

A. No. USERRA allows an employee to use earned vacation while absent for service, but only at the employee’s request.

Unlike the FMLA, USERRA does not permit employers to require employees to use their earned vacation during military leave.

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